# In the matter of G. Suresh
Vs.
Nethi Mallikarjuna Setty Company Appeal (AT)(CH)(Ins) No.152 of 2021 (IA Nos.303, 304, 460
and 465 of 2021)

> NCLAT judgment dated 2022-07-12. Citation: TCN-2022-NCLAT-00370. Company Appeal (AT)(CH)(Ins) No.152 of 2021 arose out of the Impugned Order dated 26.03.2021…

- **Court:** NCLAT
- **Order date:** 12 Jul 2022
- **Citation:** TCN-2022-NCLAT-00370
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/g-suresh-vs-nethi-mallikarjuna-setty-company-appeal-atchins-no152-of-2021-ia-nos-5adc4ed4

## Summary

### Background

Company Appeal (AT)(CH)(Ins) No.152 of 2021 arose out of the Impugned Order dated 26.03.2021 in IA No.87/2020, IA No.154/2020 & IA No.106/2021 in CP (IB) No.08/9/HDB/2019 passed by the ‘Adjudicating Authority' (National Company Law Tribunal, Hyderabad Bench, Hyderabad). The appellant sought to withdraw the appeal.

## Facts

The Company Appeal (AT)(CH)(Ins) No.152 of 2021 was filed. The appellant and respondent settled the matter amicably outside the tribunal. The appellant then sought to withdraw the appeal. The Impugned Order was dated 26.03.2021 in IA No.87/2020, IA No.154/2020 & IA No.106/2021 in CP (IB) No.08/9/HDB/2019 passed by the ‘Adjudicating Authority' (National Company Law Tribunal, Hyderabad Bench, Hyderabad).

## Issues and analysis

### Issue 1: Whether the appellant should be granted permission to withdraw the Company Appeal (AT)(CH)(Ins) …

**Ratio:** An appellant is generally permitted to withdraw an appeal if the matter has been settled

…

**Reasoning:** The tribunal considered the submission of the appellant's counsel that the subject matter

…

**Interpretation:** The legal principle allows for the withdrawal of appeals when parties have

…

**Application:** In this case, the appellant's request to withdraw the appeal was granted

…

## Parties

- **Judges:** M. Venu…; KanthiNar…
- **Appellants:** G. Su…
- **Respondents:** Nethi Mallikarjuna…

## Timeline

- **2021-03-26 — Impugned Ord…**: The Impugned Order was dated 26.03.2021 in IA No.87/2020, IA No.154/2020 & IA No.106/2021…
- **2022-07-12 — Appeal Withdrawal…**: The Representing Counsel Ms. Ramya informed the 'Tribunal' that the 'subject matter' of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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